Trad’s top adviser in messy court stoush

Queensland Treasurer Jackie Trad’s top bureaucrat faces having his confidential professional documents aired as part of a messy court case.

Queensland Treasurer Jackie Trad. Picture: AAP

Queensland Treasurer Jackie Trad’s hand-picked top bureaucrat faces having his confidential professional documents aired as part of a messy court case alleging he threatened a solicitor to act unethically.

Under Treasurer Frankie Carroll is embroiled in a Federal Court unfair dismissal case related to his stint last year as Queensland general manager of personal injury law firm Slater & Gordon.

Former senior Slater & Gordon solicitor Daniel Sutherland is suing Slater & Gordon, alleging he was unlawfully directed by company chief executive John Somerville to encourage legal clients to take out certain litigation funding loans.

Mr Sutherland has asked the court to order Slater & Gordon to provide extensive discovery of documents, including Mr Carroll’s file notes, emails and meeting notes or audio relating to an alleged “threat”.

Former state practice group leader Mr Sutherland said he complained to his boss, Mr Carroll, in emails and conversations in August last year about Mr Somerville’s direction for solicitors to get clients to take out MAF Credit Pty Ltd loans to fund their litigation.

In court documents, Mr Suth­erland said the direction conflicted with his ethical duties to Slater & Gordon’s clients, could have been unlawful and exposed him to civil or criminal penalty.

Mr Sutherland alleges Mr Carroll was not receptive to his concerns, and threatened him.

“Carroll sought to direct, encourage and persuade Sutherland to comply with the July and Aug­ust Fair Go Funding directions and procure the compliance of his team to do the same otherwise the ‘firm would get very angry’,” Mr Sutherland’s statement of claim alleges, calling Mr Carroll’s behaviour a “threat”.

Slater & Gordon’s filed defence denies there was any kind of threat, encouragement, direction or persuasion by Mr Carroll, but admits there were emails exchanged between the pair.

The firm also denies Mr Somerville issued any direction that solicitors would be required to “promote” the funding arrangements to legal clients.

Mr Sutherland alleges Mr Somerville was also responsible for a discriminatory September 2018 order that Mr Sutherland and his team not be allowed to take instructions from new ­clients, until they agreed to the Fair Go Funding direction.

Slater & Gordon argues it was not Mr Somerville responsible for the order, but Mr Carroll, who left the firm in December 2018.

The firm says the “Carroll decision” meant new clients who called the company’s call centre would be passed on only to solicitors who had agreed to the direction. “The Carroll decision was made for substantial and operative reasons,” Slater & Gordon’s defence reads.

Mr Sutherland’s position was made redundant in March after Mr Carroll had left Slater & Gordon. The solicitor alleges the company terminated his employment because he refused to comply with the directions and had complained about it.

Mr Sutherland is also seeking compensation and costs for unfair dismissal.

Mr Carroll declined to comment. He was hand-picked by Ms Trad as Under Treasurer in February.